Forecast

Jury in Percoco trial feeling the strain

Judge calls off deliberations on Wednesday due to snowstorm

Casey Seiler| on
March 6, 2018

Joseph Percoco, left, one of Gov, Andrew Cuomo's former executive deputy secretary, leaves U.S. District court with one of his attorneys, Tuesday, Feb. 27, 2018, in New York. Percoco proved his guilt by repeatedly quoting from the mob drama "The Sopranos" as he described bribes he was receiving from three businessmen, a prosecutor told jurors as closing arguments began Tuesday. (AP Photo/Mary Altaffer) less

Joseph Percoco, left, one of Gov, Andrew Cuomo's former executive deputy secretary, leaves U.S. District court with one of his attorneys, Tuesday, Feb. 27, 2018, in New York. Percoco proved his guilt by ... more

Photo: Mary Altaffer

Photo: Mary Altaffer

Image
1of/4

Caption

Close

Image 1 of 4

Joseph Percoco, left, one of Gov, Andrew Cuomo's former executive deputy secretary, leaves U.S. District court with one of his attorneys, Tuesday, Feb. 27, 2018, in New York. Percoco proved his guilt by repeatedly quoting from the mob drama "The Sopranos" as he described bribes he was receiving from three businessmen, a prosecutor told jurors as closing arguments began Tuesday. (AP Photo/Mary Altaffer) less

Joseph Percoco, left, one of Gov, Andrew Cuomo's former executive deputy secretary, leaves U.S. District court with one of his attorneys, Tuesday, Feb. 27, 2018, in New York. Percoco proved his guilt by ... more

Photo: Mary Altaffer

Jury in Percoco trial feeling the strain

1 / 4

Back to Gallery

NEW YORK — Weary after almost two months of duty, a handful of jurors in the corruption trial of former gubernatorial aide Joe Percoco and three businessmen signaled they were at an impasse.

A federal judge gave them a snow day, but told them to keep at it.

"The only thing we seem to agree on is that we cannot agree," the jury's foreperson said in one of a flurry of notes read into the record by U.S. District Judge Valerie Caproni just before noon Tuesday. It was the fourth day of deliberation in Manhattan, though the jury has worked mostly partial days to this point.

Others complained that the length of the trial — now stretching well past its anticipated six-week duration — was placing a strain on their professional and personal lives. One juror said they would not be able to serve after Tuesday due to "the impending snowstorm, continued loss of electricity at home, and quarterly meetings."

Another was even more blunt, opening a note with, "Dear Judge Caproni, I believe I cannot do this anymore." The woman, identified as Juror No. 7, reported that both of her children were sick.

Related Stories

A fourth juror also shared parental woes: "My children need their mother back. I can't afford to pay $20 an hour for a babysitter. ... I physically and emotionally cannot do this anymore."

Percoco, Gov. Andrew Cuomo's longtime confidant and former executive deputy secretary, is alleged to have taken more than $300,000 in bribes from his fellow defendants, Steve Aiello and Joseph Gerardi of Syracuse-based COR Development, and Peter Galbraith Kelly of Competitive Power Ventures, in exchange for official favors.

In a conference with the prosecution and defense teams, Caproni said the jury had not deliberated long enough to declare an impasse. She shot down a motion for mistrial made by Stephen Coffey, the Capital Region attorney representing Aiello.

Coffey told Caproni that a verdict reached under the pressures facing these members of the jury "would be a coerced verdict at this point."

"OK. Thank you for that. Denied," Caproni said, according to the transcript.

After the jury was brought in, Caproni — making what's formally known as an Allen charge — told the panelists that while she sympathized with the pressures they were under, they needed to continue their discussions.

Meeting later with the opposing attorneys, Caproni drew attention to yet another hurdle: The weather report for Wednesday was growing more dire. She asked for their thoughts.

"Change of venue," said Barry Bohrer, Percoco's attorney.

"Miami," Caproni said.

Juror No. 7 was bought into the courtroom and sketched out her difficulties with her sick children. "I don't want you to think that I'm just walking out because I don't feel the responsibility," she told the judge. "I do, and I wish I could have stayed until the end, but I don't see the end close."

If an alternate juror is called in, deliberations will have to start from the beginning — a grim prospect, Caproni and the lawyers agreed.

In the end, Caproni announced that the jury would not deliberate on Wednesday due to the storm, and encouraged jurors to take care of as much of their personal business as they could during the day off.

A mistrial could further extend this year's seemingly unprecedented run of state political corruption trials, which will include the retrials of former legislative leaders Sheldon Silver and Dean Skelos, as well as another trial related to alleged corruption in upstate development projects.

That trial, slated to take place in June, involves the Syracuse defendants Aiello and Gerardi as well as former SUNY Polytechnic Institute President Alain Kaloyeros and two executives from the Buffalo-based construction firm LPCiminelli.